Legislation proposed in the 97th Congress seeking to limit federal court and Supreme Court jurisdiction to grant certain remedies in controversial areas of constitutional law raised the recurring question of what limits exist on congressional power under article III of the Constitution. The author reviews previous efforts by Congress to limit federal court jurisdiction and analyzes the most recently proposed legislation in light of the Supreme Court decisions which apparently prompted the introduction of these bills. He concludes that the proposed legislation represented a congressional effort to vitiate the effect of controversial decisions by manipulating jurisdiction and circumventing the constitutional amendment process, and warns that future efforts to enact similar legislation could precipitate a dangerous constitutional crisis.
Nicholas D. Krawec,
Recent Efforts to Limit Federal Court Jurisdiction and Remedies: A Circumvention of the Amendment Process,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol21/iss2/13